VAZINEPALLI RAMAGOPALAM Vs. STATE
HIGH COURT OF ANDHRA PRADESH
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(1.)It is said that the Spencer & Co , Ltd., Madras prepared a
medicinal compound by the name "Camphorated Opium Tincture"
under a licence secured under the provisions of the Medicinal and
Toilet Preparation Act of 1955 which is a Central Act, The petitioner
has a medical stores at Amaravati in Guntur District. He
purchased some quantities of tincture from the Spencer & Co., Ltd:
Madras and transported the same to his godowns at AmaravatL At
mid-night on 2-1-1971, respondent NOS. 2 to 4 raided his godowns
and seized 1059 bottles of the tincture and also arrested the petitioner.
Thereupon the present writ petition has been filed for
declaring that the provisions of the Andhra Pradesh Excise Act 1958
under which the above acts of raid and seizure have been made, do
not apply to "Comphorated Opium Tincture" manufactured by the
Spencer & Co , Ltd., Madras, and to issue a consequential writ of
Mandamus directing the respondents to deliver to the petitioner the
said '059 bottles of the tincture seized from him and restraining
the respondents not to interfere with the right of the petitioner to
deal in such tincture.
(2.)In the first place, Sri M. Chandrasekhara Rao, the learned
counsel for the petitioner argued that Sees. 11 and 12 of the Andhra
Pradesh Excise Act 1969 are ultra vires the powers of the State
Legislature. If those two sections are unconstitutional and invalid,
they cannot be enforced and, consequently the action taken by the
respondents would be totally invalid and illegal. S. 11 of that Act
purports to regulate transport of intoxicants and it says.
(3.)The Government may, by notification, prohibit the transport
of an intoxicant or any kind of intoxicants from any
area into any other area within the State except under a
permit issued under section 12".
Section 12 provides for the manner in which such permits should
be issued. Item 8 of the State List in the Seventh Schedule of the
Constitution empowers the State Legislatures to make laws in regard
"Intoxicating Liquors, that is to say, the production,
manufacture, possession, transport, purchase and sale of intoxicaing
. It is thus obvious that the State Legislature is empowered to
legislate in regard to the transport of intoxicating liquors
also. Therefore, it cannot he doubted that sections 11 and 12 of
the said Act are clearly within the ambit of the State Legislature's
power to legislate. This argument would, therefore, fail.
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